Statutes governing Minnesota's age of consent, associated criminal charges, available defenses, and penalties for conviction.

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People who engage in sexual activity with children under the age of consent can be convicted of criminal sexual conduct (also called statutory rape). Sixteen is the age of consent in Minnesota. Minnesota’s laws also prohibit sexual activity between children under the age of 18 and adults in positions of authority over them.

In all cases of statutory rape and related crimes, the crucial fact is whether the victim is underage. Consent is not an issue. Of course, people who commit sex acts against other people without their consent may be convicted of rape, sexual battery, or assault, no matter what the victim’s age.

Criminal Sexual Conduct

Statutory rape is charged as one of three offenses.

First degree sexual conduct

Statutory rape is punished severely (as first degree criminal sexual conduct) if sexual penetration occurs. Sexual penetration includes oral and anal sex, sexual intercourse, and penetration of the victim’s body or the defendant’s body. For example, a teacher who has sexual intercourse with a 15-year-old student on a school field trip could be convicted of first degree criminal sexual conduct.

Second degree sexual conduct

A person in Minnesota commits second degree criminal sexual conduct by engaging in sexual contact short of penetration with:

a child under the age of 13 when the defendant is three (or more) years older, or

a child over the age of 13 but under the age of 16 when the defendant is more than four years older and in a position of authority over the child (a parent or a person who is responsible for the child’s health, welfare, or supervision).

Third degree sexual conduct

Under Minnesota’s laws, a person commits the crime of third degree criminal sexual conduct by engaging in sexual penetration with:

a child under the age of 13 when the defendant is not more than three years older than the child

a child over the age of 13 but under the age of 16 when the defendant is more than two years older than the child, or

a child over the age of 16 but under the age of 18 when the defendant is in a position of authority over the child and more than four years older.

Fourth degree sexual conduct

Finally, the crime of fourth degree criminal sexual conduct occurs when the defendant and the victim engage in sexual contact short of penetration and:

the child is under the age of 13 and the defendant is not more than three years older than the child

the child is over the age of 13 but under the age of 16 and the defendant is more than four years older or in a position of authority, or

the child is over the age of 16 but under the age of 18 and the defendant is in a position of authority.

(Minn. Stat. §§ 609.341, 609.342, 609.343, 609.344, 609.345.)

“Romeo and Juliet” Exceptions

Many states have enacted “Romeo and Juliet” exceptions to protect young people from criminal charges as a result of consensual sexual activity with other young people. Minnesota’s laws criminalize any sexual conduct with a child under the age of 13, but punish older defendants more severely. For children between the age 13, 14, or 15, people who are not more than two years older cannot be prosecuted for sexual penetration and people who are within in four years in age (and not in a position of authority) cannot be prosecuted for less serious sexual conduct.

For example, a 16-year-old in Minnesota who has sex with a 15-year-old cannot be prosecuted for statutory rape.

Child Enticement

In Minnesota, it is also a crime, called child enticement, for a person over the age of 18 to invite or try to persuade a child under the age of 16 to engage in sexual conduct. For example, engaging in explicit sexual talk with a child over the Internet can result in child enticement charges, even if no sexual activity ever occurs.

Defenses

Mistake of age

Generally, it is not a defense to a charge of statutory rape that the defendant mistakenly believed the child to be older. Minnesota’s laws provides for a limited defense to third or fourth degree criminal sexual conduct when:

the child is over the age of 13 but under the age of 16

the defendant believed the child to be age 16 or older

the defendant’s belief was reasonable, and

the defendant is not more than ten years older than the child.

(Minn. Stat. §§ 609.344, 609.345.)

For example, a person would have a hard time showing that he or she reasonably believed the child to be age 16 or older if the person knew that child was in junior high school and did not have a driver’s license.

Marriage

It is a defense to a charge of criminal sexual conduct based on consensual sexual activity that the defendant and the child were married and not living apart or separated at the time of the offense. (Minn. Stat. § 609.349.)

Punishment

First degree criminal sexual conduct is punishable by up to 30 years in prison and a fine of up to $40,000. Second degree criminal sexual conduct is punishable by up to 25 years in prison and a fine of up to $35,000.

Third degree criminal sexual conduct is punishable by up to 15 years in prison and a fine of up to $15,000. Fourth degree criminal sexual conduct is punishable by up to ten years in prison and a fine of up to $20,000.

(Minn. Stat. §§ 609.342, 609.343, 609.344, 609.345.)

Sex Offender Registration

People who are convicted of criminal sexual conduct are required to register as sex offenders under Minnesota’s laws. (Minn. Stat. § 243.166.)

The Value of Legal Representation

If you are charged with criminal sexual misconduct as a result of engaging in consensual sexual activity with a person who is underage, you should talk to a local criminal defense attorney. Being convicted of any crime, especially a sex crime, can have serious and lasting consequences, including time in prison and sex offender registration. With the help of an experienced Minnesota criminal defense attorney, you can protect your rights and defend yourself.